NEWS

The contractor completed the design work on time. During the state examination, the customer found that he had not taken into account a number of items in the technical task, and asked to include them in the project. The contractor did it, but the customer refused the contract — the final result of the work was not achieved on time.

From July 1, some mandatory requirements for a security guarantee for competitive procurement from MSPs under Law No. 223-FZ will come into force. For example, that the customer will accept it from the same guarantors as under Law No. 44-FZ.
The Ministry of Finance proposed to approve the provision on independent guarantees. In it, in particular, they want to define standard forms of guarantees for securing applications and contracts, as well as additional requirements for them. Among other things, the warranty will include the following conditions:
that a bank or a regional guarantee organization must fulfill its obligations, even if they have been excluded from the relevant lists;
in which arbitration court will resolve disputes in connection with the fulfillment of obligations under the guarantee.

The customer has concluded contracts for the current repair of roads with contractors on the USN. There was a condition in the draft contracts to include VAT in the price. However, when concluding agreements, the tax was excluded from it, and the estimates were recalculated using coefficients.
The supervisors saw a violation and sent a submission to the customer, despite the fact that the contracts were concluded at the prices of the winners of the purchases. The courts supported the inspectors:
the contract must be concluded on the terms stipulated by the notice and documentation;
it is impossible to change the price structure using coefficients that are not in the legislation, documentation or contract;

The antimonopoly authority received a complaint: when purchasing work on capital repairs, membership in the SRO is illegally required.
The inspectors found the complaint justified. From May 1, 2022, it is possible to perform work without such participation if their price for each construction contract is no more than 10 million rubles. Since the initial (maximum) contract price is lower, the customer's demand is unlawful.
The Pskov and Yamalo-Nenets UFAS, in particular, came to similar conclusions.

The collective participant complained that when evaluating applications according to the "qualification" criterion, his financial condition was determined incorrectly. We added up the loss indicators without taking into account the share of each of its members. The final figure exceeded 100% Because of this, the participant did not become the winner.
The supervisors reminded: if the participant of the purchase is a group of persons, the documentation requirements must be presented to the entire group in aggregate. At the same time, a violation was found in the actions of the customer.
Three instances supported the controllers:

According to amendments to Law No. 44-FZ, any member of the commission, contract manager or employee of the contract service of any customer must report a conflict of interest. Amendments to Law No. 223-FZ oblige managers and members of commissions of all customers to resolve conflicts of interest.
Public procurement
Any members of the procurement commission must immediately report a conflict of interest (paragraphs "b" and "c" of paragraph 4 of Article 2 of the amendments). Now this applies, for example, to civil servants and employees from the lists of positions in institutions and other organizations created to fulfill the tasks of federal government agencies. A similar obligation will appear for all employees of contract services and contract managers (paragraph "b" of paragraph 3 of Article 2 of the amendments). Recall that for violating this requirement, you can dismiss an employee under an employment contract, and not just a civil servant.
The list of persons who cannot be members of the commission has been adjusted:
the experts involved in assessing the compliance of participants with additional requirements have been excluded;
added employees of participants-individuals.

The Agency indicated: for small purchases from a supplier according to clauses 4 and 5 of Part 1 of Article 93 of Law No. 44-FZ, there are restrictions only on the annual volume and price of a separate contract. Taking them into account, for these reasons, the customer has the right to purchase, among other things, goods, works and services of the same name.

The changes will give customers under the Law 44-FZ the opportunity not to apply the established marginal prices until December 31, 2022. The decision will allow organizations to continue to carry out necessary purchases against the background of significant price changes in most commodity markets if the actual price of a unit of goods, work and services exceeds the maximum price set earlier in the departmental list of normalized goods, works and services (Decree of the Government of the Russian Federation No. 1051 of June 9, 2022 "On Amendments to the Decree of the Government of the Russian Federation Federation of October 20, 2014 No. 1084"1).

The Ministry of Finance told what rules to use for contracts with a single supplier, which were concluded under an act of the regional government.
The Agency listed two rules that apply to contracts with a single supplier on the basis of an act of a state agency (Article 15 of Law No. 46-FZ):
1. It is necessary to plan, execute a contract and include information in the register of contracts according to the same rules that are established for contracts under paragraph 2 of part 1 of Article 93 of Law No. 44-FZ.
For example, when you include data in the register of contracts, use the basis under paragraph 2 of Part 1 of Article 93 of Law No. 44-FZ: "Procurement of goods, works, services from a single supplier (contractor, contractor) determined by decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, contractor) determined by a decree or order of the Government of the Russian Federation."

It is planned that when purchasing with offset contracts, the participants will confirm by choice (paragraph "b" of paragraph 3 of the draft amendments):
the presence of experience in the execution of the contract. It must be confirmed by an executed state contract or contract under Law No. 223-FZ, acceptance certificates (subclause "a" of clause 2 of the draft amendments);
availability for the last 5 years before the date of purchase of data on the amount of revenue of at least 20% of the NMCC (paragraph 4 of paragraph "b" of paragraph 2 of the draft amendments). They will be confirmed by income tax returns or financial results reports;
availability for the last 5 years prior to the date of purchase of information on the volume of capital investments of at least 20% of the minimum volume of investments that the supplier - investor must make under the offset contract (paragraph 4 of paragraph "b" of paragraph 2 of the draft amendments). They will be confirmed by the balance sheets with appendices.